Mere annoyances don't add up to retaliation

Employees who have filed hostile work environment claims are allowed to sue their employers who retaliate against them for complaining. However, minor annoyances aren’t enough to constitute retaliation.

ADA retaliation claim doesn't require actual disability

Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.

Be careful after employee wins lawsuit, but don't be afraid of warranted discipline

When an employee has won a lawsuit against her employer, managers naturally want to make sure they don’t do anything that might smack of possible retaliation. On the other hand, managers shouldn’t feel as if the employee is now “untouchable.”

$2 million bite out of dental association

The American Dental Association’s former chief legal counsel and its former HR director will split $1.95 million after the EEOC determined the association probably retaliated against the two executives for voicing concerns about what they believed were discriminatory actions.

After complaint is filed, be sure to justify all discipline

If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.

Tell managers: No comments of any kind about discrimination complaints

The risk: Even if a complaint gets tossed out, employees could have a valid retaliation claim.

Texas court says cutting overtime hours may be retaliation

An employee had alleged Fair Labor Standards Act violations in an overtime lawsuit. Her employer changed its overtime policy—and applied it to the employee and no one else.

2 isolated incidents don't add up to hostile environment

A federal judge in Houston has dismissed a racial discrimination and retaliation claim filed by a man working for Noble Drilling.

Fresno temp agency settles EEOC complaint for $24,500

United Staffing in Fresno has agreed to settle charges it retaliated against an employee for filing a discrimination charge.

Class-action members must share common grievance

When a worker files a lawsuit seeking class-action status, he must show the court that other workers are similarly situated to join the group.

Was that a legit termination--or retaliation?

If you terminate an employee almost immediately after she has filed an internal discrimination complaint, understand the risk.

Just doing your job? That's not whistleblowing

If reporting wrongdoing is part of an employee’s job, then that doesn’t constitute whistleblowing.

Loose lips can lead to retaliation litigation

When an employee files a sexual harassment or discrimination complaint, ensure no one tries to make life difficult for that employee. That could lead to a retaliation lawsuit—even if the underlying complaint isn’t serious enough to support a lawsuit.

Warn supervisors: No griping about impact of employee taking FMLA leave

Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.

Labor Department still probing Wells Fargo

Fallout from the Wells Fargo sham account fraud continues. The scandal, which broke last fall, recently cost four senior bank executives their jobs.
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